Principle Archive

Where an objection is on locus standi, and not lack of reasonable cause of action, the preliminary objection should have come by way of order 23…

In the determination of locus standi, the plaintiff's statement of claim should be the only process that receives the attention of the court. A defendant who…

The defendants/appellants can only effectively challenge the plaintiff's claims by filing their own pleadings, i.e., the statement of defence, and joining issues. They cannot be permitted…

The appellant ignored the ruling of the court and the stay in place and proceeded to initiate processes at the High Court for execution and attachment…

If the door were left open for everyone who has fought and lost a case at the court of trial to bring new evidence on appeal,…

The three conditions stated in Asaboro v. Aruwaji must co-exist before a court would consider exercising its power to call fresh evidence on appeal.

It is the province of the court of trial to ascribe probative value to the evidence of witnesses.

Issues formulated should have the distinctive quality of clarity, precision and accuracy.

Estoppel by conduct should be read in the letter.

If the judgment debtor, before the actual sale of the property, pays or causes to be paid or tendered to the registrar of the court from…

The application for the issuance of the writ and execution when a stay was properly in place was an act of absolute bad faith. The lower…

After an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole proceedings as between the…